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EU: Access to documents regulation, review of Regulation (EC) No 1049/2001

01 September 2008

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Outcome of Proceedings: Procedure to be followed for the review of Regulation (EC) No 1049/2001 (pdf) The Swedish delegation wrote to all the Permanent Representations asking that the proposal be examined by an ad hoc working party set up specifically for that purpose. It pointed out that "as constituted at present the Working Party on Information had neither the expertise nor the time necessary for the examination of the proposal". Moreover:

"as a general rule it was not appropriate for the same authority both to chair the body responsible for the preparation of a legal act (the Council General Secretariat in the present case) and to implement that act (the Council). "

This was an attempt to shift the lead role in setting the agenda and conducting negotiations from the Council's permanent General Secretariat to the Council Presidency (ie: a member state government). Though the Antici Group did not agree to set up an ad hoc working party it did take overall control away from the Council General Secretariat - decisions on contacts and consultations would be agreed jointly by the Council Presidency and the Chair of the Working Party on Information and that negotiations with the European Parliament would be conducted by the Chair of COREPER (the Head of the permanent Brussels-based representation of the member state holding the Council Presidency).

Note: The Antici Group (named after its Italian founder) is made up of assistants to the Permanent Representatives and a Commission representative, a member of the Secretary-General's Private Office and a member of the Council Legal Service. The Group is responsible for deciding on the organisation of Coreper II proceedings. The meeting, which usually takes place on the afternoon before Coreper, is chaired by the Presidency 'Antici'.

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